New Directive Targets Case Continuances
Immigration judges across the United States have been directed to significantly restrict the use of continuances—legal tools historically used to grant immigrants time to secure legal representation or await visa processing—according to training materials obtained by The Guardian. The directive, issued as part of a mandatory virtual training session led by Judge Keith Hunsucker of the Board of Immigration Appeals, signals a move to prioritize rapid adjudication over procedural flexibility.
The training, titled “Motions to Continue: Efficiently Advancing Cases to Completion,” explicitly discourages judges from granting extensions, even for individuals who have qualified for green cards or visas but are waiting for administrative processing to conclude. The policy shift occurs within the Executive Office for Immigration Review (EOIR), an agency under the Department of Justice, as the administration seeks to address a national backlog of approximately 3.2 million pending cases.
This report draws on information published by The Guardian.
Impact on Vulnerable Populations
The new guidance raises concerns regarding its impact on vulnerable groups, including abused or abandoned children and survivors of violent crimes. Under the current rules, these individuals may be forced into deportation proceedings before their pending applications for special immigrant juvenile (SIJ) status or U non-immigrant status can be finalized. The training materials argue that such continuances are often sought for “dilatory purposes,” asserting that those illegally present in the US have an incentive to prolong litigation.
Furthermore, the training suggests that judges should limit the time allowed for immigrants to find legal counsel to 10 days. Data from the American Immigration Council highlights the stakes of this restriction: between 2019 and 2024, only about a quarter of represented immigrants were ordered removed, compared to over 60% of those without legal representation. The guidance also warns attorneys that accepting more cases than they can handle could result in disciplinary referrals.
Institutional Response
A spokesperson for the Justice Department defended the move, stating that reducing the court backlog is a primary administrative goal. The spokesperson added that the department is “restoring integrity” to the immigration system by ensuring cases are heard “fairly, expeditiously, and uniformly.” Similarly, an EOIR spokesperson noted that judges are obligated to adhere to policies ensuring cases do not “languish,” emphasizing that unnecessary delays negatively affect both the system and the public interest.